Benjamin Story v. Louisa Livingston’s Empirical Analysis
38 U.S. 359 · 1839
Citation profile
52 federal appellate · 7 district · 41 state decisions
How this case has been cited
Cited by 194 later decisions (26 by the Supreme Court) — most recently March 2022 · most notably Topliff v. Topliff (1892), In re Ayers (1887)
52 federal appellate · 7 district · 41 state decisions — followed in 19 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Trustees of Methodist Episcopal Church v. Jaques · Wilkes v. Rogers
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 194 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The correct rule, in general, is, that the creditor shall calculate interest, whenever a payment is made. To this interest, the payment is first to be applied; and if it exceed the interest due, the balance is to be applied to diminish the principal. * * * [Italics supplied.]”
3 later decisions quote this exact passage · from the majority““Strictly, in chancery practice, though it is different in some of our states, no exceptions to a master’s report can be made which were not taken before the master; the object being to save time and to give him an opportunity to correct his error or to reconsider his opinion. Dick. 103. A party neglecting to bring in objections cannot afterwards except to the report, (Harr. Ch. 479,) unless the court, on motion, see reason to be dissatisfied with the report, and refer it to the master to review his report, with liberty to the party to take objection to it. 1 Dick. 290; Madd. Rep. 340,555. But, without restricting exceptions to this course, we must observe that exceptions to a report of a master must state, article by article, those parts of the report which are intended to be excepted to.””
2 later decisions quote this exact passage · from the majority““And this court doth further order, adjudge, and decree that the defendant do pay the costs in this c-ourt upon this appeal, and the costs of the reversal of the decree of the said Circuit Court by this court, at its January term, 1837. and also such costs on the proceedings in the said Circuit Court in this cause, as the said Circuit Court shall tax and order to be paid, and that the said Circuit Court do issue execution therefor.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.